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Cuban Democracy Act (“Cda”)

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Cuban Democracy Act (“Cda”) CUBAN DEMOCRACY ACT (“CDA”) UNITED STATES CODE TITLE 22. FOREIGN RELATIONS AND INTERCOURSE CHAPTER 69. Section 6001. Findings The Congress makes the following findings: (1) The government of Fidel Castro has demonstrated consistent disregard for internationally accepted standards of human rights and for democratic values. It restricts the Cuban people's exercise of freedom of speech, press, assembly, and other rights recognized by the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. It has refused to admit into Cuba the representative of the United Nations Human Rights Commission appointed to investigate human rights violations on the island. (2) The Cuban people have demonstrated their yearning for freedom and their increasing opposition to the Castro government by risking their lives in organizing independent, democratic activities on the island and by undertaking hazardous flights for freedom to the United States and other countries. (3) The Castro government maintains a military-dominated economy that has decreased the well-being of the Cuban people in order to enable the government to engage in military interventions and subversive activities throughout the world and, especially, in the Western Hemisphere. These have included involvement in narcotics trafficking and support for the FMLN guerrillas in El Salvador. (4) There is no sign that the Castro regime is prepared to make any significant concessions to democracy or to undertake any form of democratic opening. Efforts to suppress dissent through intimidation, imprisonment, and exile have accelerated since the political changes that have occurred in the former Soviet Union and Eastern Europe. (5) Events in the former Soviet Union and Eastern Europe have dramatically reduced Cuba's external support and threaten Cuba's food and oil supplies. (6) The fall of communism in the former Soviet Union and Eastern Europe, the now universal recognition in Latin America and the Caribbean that Cuba provides a failed model of government and development, and the evident inability of Cuba's economy to survive current trends, provide the United States and the international democratic community with an unprecedented opportunity to promote a peaceful transition to democracy in Cuba. (7) However, Castro's intransigence increases the likelihood that there could be a collapse of the Cuban economy, social upheaval, or widespread suffering. The recently concluded Cuban Communist Party Congress has underscored Castro's unwillingness to respond positively to increasing pressures for reform either from within the party or without. (8) The United States cooperated with its European and other allies to assist the difficult transitions from Communist regimes in Eastern Europe. Therefore, it is appropriate for those allies to cooperate with United States policy to promote a peaceful transition in Cuba. Sec. 6002. Statement of policy It should be the policy of the United States-- (1) to seek a peaceful transition to democracy and a resumption of economic growth in Cuba through the careful application of sanctions directed at the Castro government and support for the Cuban people; (2) to seek the cooperation of other democratic countries in this policy; (3) to make clear to other countries that, in determining its relations with them, the United States will take into account their willingness to cooperate in such a policy; (4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other forms of assistance to the Government of Cuba from any of the independent states of the former Soviet Union; (5) to continue vigorously to oppose the human rights violations of the Castro regime; (6) to maintain sanctions on the Castro regime so long as it continues to refuse to move toward democratization and greater respect for human rights; (7) to be prepared to reduce the sanctions in carefully calibrated ways in response to positive developments in Cuba; (8) to encourage free and fair elections to determine Cuba's political future; (9) to request the speedy termination of any military or technical assistance, subsidies, or other forms of assistance to the Government of Cuba from the government of any other country; and (10) to initiate immediately the development of a comprehensive United States policy toward Cuba in a post-Castro era. Sec. 6003. International cooperation (a) Cuban trading partners. The President should encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of this title [22 USCS §§ 6001 note]. (b) Sanctions against countries assisting Cuba. (1) Sanctions. The President may apply the following sanctions to any country that provides assistance to Cuba: (A) The government of such country shall not be eligible for assistance under the Foreign Assistance Act of 1961 or assistance or sales under the Arms Export Control Act. (B) Such country shall not be eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) Definition of assistance. For purposes of paragraph (1), the term "assistance to Cuba"-- (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; (B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and (C) does not include-- (i) donations of food to nongovernmental organizations or individuals in Cuba, or (ii) exports of medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c) [22 USCS § 6004(c)]. As used in this paragraph, the term "agency or instrumentality of the Government of Cuba" means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to "a foreign state" deemed to be a reference to "Cuba". (3) Applicability of section. This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 1708(a) [22 USCS § 6007(a)]. Sec. 6004. Support for the Cuban people (a) Provisions of law affected. The provisions of this section apply notwithstanding any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961 [22 USCS § 2370], and notwithstanding the exercise of authorities, before the enactment of this Act [enacted Oct. 23, 1992], under section 5(b) of the Trading With the Enemy Act [50 USCS Appx § 5(b)], the International Emergency Economic Powers Act [50 USCS §§ 1701 et seq.], or the Export Administration Act of 1979. (b) Donations of food. Nothing in this or any other Act shall prohibit donations of food to nongovernmental organizations or individuals in Cuba. (c) Exports of medicines and medical supplies. Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted-- (1) except to the extent such restrictions would be permitted under section 5(m) of the Export Administration Act of 1979 [50 USCS Appx § 2404(m)] or section 203(b)(2) of the International Emergency Economic Powers Act [50 USCS § 1702(b)(2)]; (2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses; (3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and (4) except in a case in which the item to be exported could be used in the production of any biotechnological product. (d) Requirements for certain exports. (1) Onsite verifications. (A) Subject to subparagraph (B), an export may be made under subsection (c) only if the President determines that the United States Government is able to verify, by onsite inspections and other appropriate means, that the exported item is to be used for the purposes for which it was intended and only for the use and benefit of the Cuban people. (B) Subparagraph (A) does not apply to donations to nongovernmental organizations in Cuba of medicines for humanitarian purposes. (2) Licenses. Exports permitted under subsection (c) shall be made pursuant to specific licenses issued by the United States Government. (e) Telecommunications services and facilities. (1) Telecommunications services. Telecommunications services between the United States and Cuba shall be permitted. (2) Telecommunications facilities. Telecommunications facilities are authorized in such quantity and of such quality as may be necessary to provide efficient and adequate telecommunications services between the United States and Cuba. (3) Licensing of payments to Cuba. (A) The President may provide for the issuance of licenses for the full or partial payment to Cuba of amounts due Cuba as a result of the provision of telecommunications services authorized by this subsection, in a manner that is consistent with the public interest and the purposes of this title [22 USCS §§ 6001 et seq.], except that this paragraph shall not require any withdrawal from any account blocked pursuant to regulations issued under section 5(b) of the Trading With the Enemy Act [50 USCS Appx § 5(b)]. (B) If only partial payments are made to Cuba under subparagraph (A), the amounts withheld from Cuba shall be deposited in an account in a banking institution in the United States.
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